restorative justice programmes

reparation

• encourages offenders to take responsibility for actions and repair harm they have caused

• understand the impact of crime

• (increases empathy and reduce likelihood of reoffending)

aims of restorative justice programmes

• first: supports the recovery of the victim by giving them a voice/express how the crime affected them

• second: promotes the rehabilitation of offender, encourages reflection, accountability.

1) role of mediator

• a trained mediator prepares both offender and survivor in advance

• sets clear ground rules

• ensures meeting remains respectful

2) setting and voluntary participation

• non courtroom setting: reduces fear and power imbalance

• voluntary participation - willing to take part and engage honestly

3) giving the survivor a voice

• survivor voices how the situation affected them - their thoughts and feelings (anger/fear)

• closure and supports emotional recovery

4) offender accountability and understanding

• offender takes accountability and responsibility for actions

• understands harm actions have caused

• promotes empathy and morals

5) active involvement and repairing harm

• take actions into own hands - replace damaged item/make an apology

6) community involvement

• community may also be impacted by crimes

• role is not to punish offender but help them understand the impact of their crime

strength - positive outcomes for survivors

• Shapland conducted large scale 7 year research into RJ

• 85% satisfied with meeting, 78% recommend, 60% feel better experiencing closure

• allows survivors to express emotional impact of crime, regain sense of control

limitation - offenders may abuse the system

• relies heavily on the genuine cooperation and motivation of both offender and victim

• Van Gijseghem some offenders take part for self-serving reasons such as avoiding harsher punishment. (better view from authorities)

• false remorse - offenders say what victims want to hear without any real intention to change. dont internalise responsibility for actions

limitation - emotional risk to victims despite safeguards

• face to face meetings can pose emotional risks to victims

• although victims have pre meeting prep and right to withdraw, report heightened anxiety when meet offenders - especially if cases involve abuse.

• 2% felt worse afterwards - temporary emotional setbacks. not risk free and not suitable for all criminal cases